The Implications of Minor's Consent Legislation for Adolescent Health Care: A Commentary

PEDIATRICS ◽  
1974 ◽  
Vol 54 (4) ◽  
pp. 481-485
Author(s):  
Sprague W. Hazard ◽  
Victor Eisner ◽  
Dale C. Garell ◽  
Felix P. Heald ◽  
Adele D. Hofmann ◽  
...  

The increasing emergence of legislation providing for minors' consent for health care furnishes a range of basic medical, legal, and social issues which require the thoughtful consideration of physicians caring for youth. The legislative provisions referred to account for a variety of consent situations ranging from the care of a specific illness or disorder to the dramatic lowering of the age for which consent for health care can be given. The ultimate conflict in the matter of minor's consent is between the basic rights and responsibilities of parents concerning their children and the emergence of the concept that youths have the right to make decisions relating to their bodies and their care. When the preservation of privacy and confidentiality affects the utilization of health care by youth, the conflict must be resolved. Not only have state legislatures provided varying opportunities to resolve some of these issues, but also two major health organizations concerned with the health of youth have provided model acts which would serve as a basis for enabling young people to consent for confidential, comprehensive health care. In recent years society has demonstrated a tendency to permit young people to determine a variety of aspects of their own affairs well before the traditional age of majority. In regard to health decisions, a number of situations have emerged in which the rights of youths deserve consideration. These include circumstances in which the person might avoid health care if the parents have to be informed, when a communication breakdown between the young person and the parents has taken place, if a need for emergency care occurs when parents cannot be reached, or when young people are living away from home in an adult life style. Legislative responses to the sociohealth concerns affecting youth do not take a moral or judgmental position, nor do they infer a lessening of the importance of family integrity. They do respond to a number of reality health matters with high incidence which have emerged, particularly in the past decade. These laws do not require physicians to treat young people on their own consent, nor do they forbid physicians from informing parents if this is considered in the best interest of the patient. Furthermore, it is important for the physician to persuade youths to involve their parents and gain their support and understanding. Minors' consent can serve to restore interrupted communication between young people and their families. The appearance and evolution of the "emancipated minor" and the "mature minor" concepts is recognition of the capacity of the adolescent to determine his own affairs and give an informed consent. The age at which human beings reach maturity is variable, and competent decision making is not assured by arrival at a certain chronological age.

BMJ Open ◽  
2019 ◽  
Vol 9 (9) ◽  
pp. e029107 ◽  
Author(s):  
Tim Rapley ◽  
Albert Farre ◽  
Jeremy R Parr ◽  
Victoria J Wood ◽  
Debbie Reape ◽  
...  

ObjectiveThe WHO has argued that adolescent-responsive health systems are required. Developmentally appropriate healthcare (DAH) for young people is one approach that could underpin this move. The aim of this study was to explore the potential for DAH to become normalised, to become a routine, taken-for-granted, element of clinical practice.DesignQualitative ethnographic study. Analyses were based on procedures from first-generation grounded theory and theoretically informed by normalisation process theory.SettingTwo tertiary and one secondary care hospital in England.Participants192 participants, health professionals (n=121) and managers (n=71) were recruited between June 2013 and January 2015. Approximately 1600 hours of non-participant observations in clinics, wards and meeting rooms were conducted, alongside 65 formal qualitative interviews.ResultsWe observed diverse values and commitments towards the care of young people and provision of DAH, including a distributed network of young person-orientated practitioners. Informal networks of trust existed, where specific people, teams or wards were understood to have the right skill-mix, or mindset, or access to resources, to work effectively with young people. As young people move through an organisation, the preference is to direct them to other young person-orientated practitioners, so inequities in skills and experience can be self-sustaining. At two sites, initiatives around adolescent and young adult training remained mostly within these informal networks of trust. At another, through support by wider management, we observed a programme that sought to make the young people’s healthcare visible across the organisation, and to get people to reappraise values and commitment.ConclusionTo move towards normalisation of DAH within an organisation, we cannot solely rely on informal networks and cultures of young person-orientated training, practice and mutual referral and support. Organisation-wide strategies and training are needed, to enable better integration and consistency of health services for all young people.


2016 ◽  
Vol 40 (5) ◽  
pp. 584 ◽  
Author(s):  
Jane M. Burns ◽  
Emma Birrell ◽  
Marie Bismark ◽  
Jane Pirkis ◽  
Tracey A. Davenport ◽  
...  

This paper describes the extent and nature of Internet use by young people, with specific reference to psychological distress and help-seeking behaviour. It draws on data from an Australian cross-sectional study of 1400 young people aged 16 to 25 years. Nearly all of these young people used the Internet, both as a source of trusted information and as a means of connecting with their peers and discussing problems. A new model of e-mental health care is introduced that is directly informed by these findings. The model creates a system of mental health service delivery spanning the spectrum from general health and wellbeing (including mental health) promotion and prevention to recovery. It is designed to promote health and wellbeing and to complement face-to-face services to enhance clinical care. The model has the potential to improve reach and access to quality mental health care for young people, so that they can receive the right care, at the right time, in the right way. What is known about the topic? One in four young Australians experience mental health disorders, and these often emerge in adolescence and young adulthood. Young people are also prominent users of technology and the Internet. Effective mental health reform must recognise the opportunities that technology affords and leverage this medium to provide services to improve outcomes for young people. What does this paper add? Information regarding the nature of young people’s Internet use is deficient. This paper presents the findings of a national survey of 1400 young Australians to support the case for the role of technology in Australian mental health reform. What are the implications for practitioners? The Internet provides a way to engage young people and provide access to mental health services and resources to reduce traditional barriers to help-seeking and care. eMental health reform can be improved by greater attention toward the role of technology and its benefits for mental health outcomes.


2017 ◽  
Vol 53 (03) ◽  
pp. 121-130
Author(s):  
Shridhar Sharma

ABSTRACTEthics is the Science of morals in human conduct. However, ethics and morals are not same. The ethics is based on certain principles, which include 'Respect for Person and Justice'. This principle is not in total conformity with Hippocratic tradition, where Physician is given a 'Position of Paternalism'. The basic idea of 'justice' is that all human beings are equally valuable. Similarly, the principle of liberty is the right to self determination but what is the use of this right that can not be fulfilled. These basic principles are evolving and are constantly posing problems in every health care institution and are a challenge to every Physician.


2017 ◽  
Vol 9 (4) ◽  
pp. 240 ◽  
Author(s):  
Deanne Wong ◽  
Sebastian Morgan-Lynch

ABSTRACT Patient portals enable people to access their health information electronically, but concerns about confidentiality and privacy breaches, particularly for young people, may be impeding portal adoption in New Zealand. This paper considers the legal and ethical framework relating to health information privacy and informed consent in New Zealand, and proposes an approach to implementing patient portals for young people. Shared portal access (where both a young person and their parent or guardian have access to the young person’s portal) may be appropriate for young children whose parents or guardians are responsible for their health care. However, as children mature and their capacity to make health care decisions increases, general practitioners will need to consider shifting to independent portal access by competent young people. The circumstances of each young person, including their best interests and rights, cultural needs and their views on information disclosure should be taken into account.


Bioethica ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 72
Author(s):  
Chrysa G Poulou

Lie detection and recognition has been an ardent human desire since ancient times. Over the centuries, various methods have been devised to detect fraud. Some methods are low-tech, like the recognition of specialized facial expressions, while others use devices, such as the polygraph or "lie detector" designed in the early 20th century, which measure changes in human body like sweating, heart rate and blood pressure, in order to detect the lie. These methods have various applications in areas such as justice, the military and the secret services. Recent attempts to detect falsehood have focused on measuring brain activity. This approach, unlike previous emotional arousal methods, detects physiological changes associated with cognitive processes during deception and therefore, according to the proponents of the technique, could detect the process of deception itself. The most well-known method of detecting a "neurophysiological difference between deception and truth" in the brain is functional Magnetic Resonance Imaging (fMRI), an MRI brain scan which reveals that deception is located in the prefrontal cortex, just behind the forehead.However, how accurate and reliable are these “brain mapping” approaches to detect lies? What are the moral, legal, religious and social issues arising from the “invasion” of so-called neuroscience into personal data, individual freedom, and the right of non-self-incrimination and the "free will" of human beings? Critical questions, addressed in this paper, in an attempt to approach lie detection in the brain and the challenges - concerns that may determine the way we perceive human society in the future.


Author(s):  
Alexander Khlon

The study of the role of fundamental values in the formation of sense of justice is an important and relevant topic. The purpose of the study is to comprehensively consider the problems of values in youth, to determine how they affect to the formation of the sense of justice of the younger generation, and to study its role in the process of such formation. Values acquire value forms based on the psychological presentation of a person about the value of things or other objects of the material or intangible world. Values can be understood as a complex conception of human or group human about phenomena, rules, norms, processes, results, objects or other creation that are important to such a person or group of people and in one way or another to influence to this person or group of people. The process of forming the values of a young person begins with the emergence of needs. The needs determine desire, motivation, aspiration, which in the future leads to a subjective conception of value. Values that are related to the ideals of society will be called spiritual values. The modern young generation will persevere attention in focusing on the ideals of spiritual enrichment. At the same time, such a process is not possible without clear guarantees of satisfaction for young people in the first place basic needs. Sense of justice as a means of preventive persuasion, which will contribute to the prevention of crimes only because of the possibility and inevitability of punishment for them, will not fully fulfill its function. The inner conviction is important, as it acts as the reliable guarantor of the sense of justice behavior, which in the future will result in a positive attitude toward the right standards in the young man, and therefore very relevant is the orientation towards the harmonious combination of the young man's aspirations to the formation of values as spiritual as well as others. A clear and well-considered policy aimed at creating and maintaining right values will contribute to the successful formation of sense of justice among young people, which in turn will lead to the prosperity of our country.


Author(s):  
Nataliya Yuzikova

The article considers the legal basis for transplantation of human anatomical materials. The range of legal, ethical, social issues is outlined along with different approaches to legal regulation in the field of transplantology. It has been proved that the legal regulation of transplantation of anatomical materials to a person provides normative consolidation of the legal status of the recipient, donor, doctor and other subjects of this process. The main factors that determine the legal regulation of transplantation in Ukraine are identified, which are divided into two groups: previously formed and emerged recently. The stages of legal regulation of public administration in the field of transplantation are analyzed. The legal support of transplantation of human anatomical materials in Ukraine, which is carried out in accordance with the "encouraging voluntary approach". This characterizes the "presumption of disagree-ment." Ethical issues related to donation and awareness of potential health risks are disclosed. It is estab-lished that the right to dispose of anatomical materials belongs to the holder of this right such may be delegated or after death decided by a certain group of persons in accordance with the law. Within the framework of ensuring the formation and implementation of state policy in the field of health care, the Law of Ukraine "On the use of transplantation of human anatomical materials" was analyzed. Problems that exist in the field of health care in Ukraine, it is advisable to solve in two dimensions: legal and moral and ethical. The legal dimension provides for the adoption of relevant legal acts, first of all, the codified normative legal act - the Medical Code of Ukraine, the Law of Ukraine "On Voluntary Medical Insurance". When addressing the moral and ethical issues of transplantation, it is necessary to create an effective mechanism to protect the rights of donors, recipients and medical staff. Also, it is important to focus on improving the legal literacy of society, through information and scientific support in this area.


Author(s):  
Almudena Moreno Mínguez ◽  
Enrique Crespo Ballesteros

Information and communication technology (ICT) is playing a central role in the development of modern economies and societies. Every young person will need to use ICT in many different ways in their adult lives, in order to participate fully in a modern society. This has profound implications for education, both because ICT can facilitate new forms of learning and because it has become important for young people to master ICT in preparation for adult life. But is ICT living up to its potential in schools and in the lives of young people? To start to answer this question, the extent to which young people are exposed to and making use of such technology and whether those who do so are achieving desirable learning outcomes must be determined. In this article we analyse the impact that the information communications technologies are having on the training of the youths. Also it will be analysed the unequal access to ICT depending on factors such as gender and family origin. To carry out the analysis, the source has been the PISA Report 2005, from the OECD.


2017 ◽  
Vol 5 (9) ◽  
pp. 25 ◽  
Author(s):  
Helen M Roberts ◽  
Hannah Bradby ◽  
Anne Ingold ◽  
Grazia Manzotti ◽  
David Reeves ◽  
...  

This paper explores the priorities of young people who arrived in England or Sweden as unaccompanied minors and are leaving the care of the state to transition to adult life. Policy and practice for these young people are themselves in transition in Europe, and we aim to contribute to the slender first person qualitative evidence base for those delivering services. Our methods comprised a scoping review of scholarly and grey literature, and group and individual interviews. Despite a commitment in both countries to listening to the voices of young people, we identified few studies representing the voices of unaccompanied care leavers. In both the literature and our interviews, health in a clinical sense was rarely among their priorities. Their accounts focused on the determinants of health, and in particular housing, education, food and employment. In Sweden, where services are universal rather than targeted, the Health and Social Care Board (Socialstyrelsen) notes the paradox of unaccompanied children being surrounded by adult supporters, none of whom takes overall responsibility for the young person and his/her everyday life. Those we spoke to describe the vital role played by foster carers, health and social care professionals and friends that they could rely on. The young people whose narratives appear in the research literature and those in our own sample are working hard to cope with multiple transitions and to manage health in its widest sense, whether by finding the right place to live or attending to their education or training.


2020 ◽  
pp. 302-315
Author(s):  
Grazia Romanazzi

The author investigates the universe of the young people in the Italian context, starting from the political impediments which affect the job placement and, consequently, delay the acquisition of economic independence and housing autonomy, and considering the cultural conditions of a society that "holds" children in their maternal houses and inhibits their transition to adult life and the formation of their own family. The portrait of a community with a low birth rate emerges as an unequivocal sign of a personal and social crisis. But still in young people survives and persists a hidden desire for family which is a yearning for planning as an ontological category of human beings. Therefore, the hope and commitment at the same time are the definition of adult education pathways, focused on parenting, birth and care education.


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